Marking the latest development in a case involving an accusation of alleged rape at a fraternity on campus three years ago, a circuit court has denied a former University of Wisconsin student’s appeal.

The decision released March 6 detailed reasons for denying a Milwaukee woman identified as Jane Doe’s appeal to a decision made to grant summary judgment to UW’s Sigma Chi fraternity, the Sigma Chi national headquarters and its insurers.

Doe argued in the appeal the original trial court erred in its decision because of “disputed material facts,” and also contended the court erred in finding Sigma Chi member Mitchell Holzman and the national chapter by extension to not be negligent.

In July of 2009, Doe filed the original civil suit, and sought more than $10 million in damages for sustained and future injuries after she was allegedly drugged and raped at a privately-rented apartment in the building housing the Sigma Chi house Oct. 5, 2008.

The suit claimed the UW chapter did not maintain a safe place for guests, and the national headquarters did not maintain control over its chapters. An amended complaint filed in December 2009 dropped the safe space allegations.

A response filed with the circuit court by the defendants in January 2010 denied the allegations, citing lack of sufficient information.

According to depositions filed, Doe claimed she attended a party at the fraternity, and consumed alcohol before attending a UW football game. She later went out to bars before returning to the fraternity house when Holzman said she could enter to use the restroom, according to the decision.

The next morning, she awoke partially clothed with her pants off, and could not remember what had transpired the night before. She later decided to go to the hospital when she noticed vaginal pain and bleeding.

Meriter Hospital records of her visit indicated damage was found during a pelvic exam and that Doe also sustained injuries to her right foot and face.

The appeal court ultimately affirmed the trial court’s decision last week on the grounds that Doe’s evidence for the occurrence of a sexual assault was “razor thin,” and that none of the events described occurred in the fraternity house area.

Judge Timothy Dugan of the Milwaukee County Circuit court said in an interview with The Badger Herald the court of appeals concluded that since Holzman was not negligent, neither Sigma Chi nor Alpha Lambda could be deemed negligent because there was no issue of joint liability.

“He wasn’t negligent and therefore the fraternity wasn’t,” he said. “Another part of it is that where the act was alleged to occur was living space and not the fraternity’s space.” 

Upon the case being dropped in February 2011, Doe was also ordered to pay fees of more than $11,514 to the fraternity and its underwriters, according to the Wisconsin State Journal on March 26, 2011.

Dugan said from here, Doe has the right to ask the Wisconsin Supreme Court to review the case, as any plaintiff does.

After several attempts and calls made on the part of both parties, The Badger Herald and Sigma Chi’s attorney in the case, Marie Stanton, were not able to connect.

Robert Elliot, the attorney representing Doe in the case did not return any calls to The Badger Herald.